Rynders: Fixing special ed in Texas requires honest talk

By Dustin Rynders

September 20, 2016Updated: September 21, 2016 2:58pm

"Denied" was the perfect title for a story about special education in Texas.

As an attorney for students with disabilities at Disability Rights Texas, I want to advocate for quality educational interventions, full inclusion of all students within public schools and critical services that prepare children to live independently as adults.

Unfortunately, since the Texas Education Agency implemented its 8.5 percent cap on the number of students to whom special education services are provided, my work must often focus narrowly on the first step of the process to secure special education services and protections.

For years, the disability advocacy community knew eligibility delays and denials had become rampant. At Disability Rights Texas, we wondered why the TEA wasn't doing more to help. Then, in January 2014, our agency first discovered that the TEA was actually directly responsible for the problem. Back in 2004, the TEA adopted an arbitrary 8.5 percent cap to drive students out of special education and drive down state costs. But while the cap saved money in the short run, it also jeopardized thousands of children's futures.

In June 2014, we submitted formal public comments expressing grave concerns about the 8.5 percent cap. TEA ignored those concerns. In September 2014, our board of directors instructed us to prioritize cases to ensure students with disabilities were identified. Since that time, we have advocated for 189 students who needed an evaluation for special education. Still, every week, more requests for assistance come our way from parents with heart-wrenching stories like those featured in the Houston Chronicle ("Denied," Page A1, Sept. 11).

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Special education identification matters because special education is not just a label. Special education is a powerful set of services and rights for students and parents. Special education provides a right to an individualized education that can include specially designed instruction and services such as counseling and speech therapy. Parents are entitled to be equal players in designing special education plans. When those services don't live up to their potential, parents have the right to challenge the services, placement or improper discipline of their student.

With appropriate services, students with disabilities often surprise educators, parents and advocates with their remarkable progress. This increases their independence and improves quality of life for both the students and their families. And, it decreases the number of people with disabilities who will rely upon state services as they age.

Sadly, children with disabilities are too often left without services. We have seen clients become discouraged, develop behavioral challenges, and even give up on public school entirely. The cost to them, their families and our community is unbearable.

We have told these stories at open hearings, in a systemic special education complaint to the TEA, and in an individual special education due process hearing that included the TEA as a defendant. Until now, it felt as though no one was listening.

Thanks to the Houston Chronicle, the disability and child advocacy community is informed and united. We are receiving support from courageous educators, like those who spoke honestly and candidly about how TEA's cap is used to deprive students with disabilities of their rights.

Other educators, however, are still reluctant to be as honest, as our organization sees up close with our clients, to whom needed services have been denied. It is time to stop pretending. The TEA is agreeing to review the policy, which is a welcome development.

This is a problem around the state, and we need to work together to fix it. Disability Rights Texas will use every available strategy to ensure students with disabilities are not wrongfully excluded from special education. With the arbitrary 8.5 percent cap on services, the TEA has exceeded its authority and violated federal law. Courts, federal agencies and the Texas Legislature will each have opportunities to address the issue, and they must act with urgency.

Families must continue to share their stories with the public to remind everyone what is at stake.

Rynders is the supervising attorney for the Houston-based nonprofit organization Disability Rights Texas.